General Information For Self-Represented Litigants Form. This is a California form and can be use in San Diego Local County.
Tags: General Information For Self-Represented Litigants, PR-067, California Local County, San Diego
SDSC PR-067 (Rev. 2/18) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 1 of 5 Informational Form (GUARDIANSHIP OF THE PERSON) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 What is guardianship? Guardianship is a court proceeding in which a judge gives someone who is not the parent: (click on Probate). If there is an open Juvenile Court case, contact the Child Welfare Services (CWS) worker assigned to the case or go to Juvenile Court to find out what your next step is. When there is an open Juvenile Court case, the Probate Court generally does not have the authority to grant a guardianship petition. If there is an open Family Court case with an order of custody to a parent, you will be required to join in that case to seek custody of the child. Guardianship of the Person A petition for guardianship of the person is filed when a minor child is living with an adult who is not the parent and the adult needs the legal right to make decisions on behalf of the child. When a guardian of the person is appointed, the guardian is awarded custody of the child and the natural parents no longer have the right to determine where the child will live or how he or she will be educated. Instead, the guardian has those rights, including the responsibility to determine medical treatment for the child. What do I have to do to become the guardian of the person? To become the legal guardian of a child, you first have to file (click on Forms, then Probate): Petition for Appointment of Guardian of the Person (JC Form #GC-210(P)) Guardianship Petition227Child Information Attachment (JC Form #GC-210(CA)) Notice of Hearing227Guardianship or Conservatorship (JC Form #GC-020) What do I have to do after I fill out the forms? American LegalNet, Inc. www.FormsWorkFlow.com SDSC PR-067 (Rev. 2/18) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 2 of 5 Informational Form (GUARDIANSHIP OF THE PERSON) After you fill out the required forms: Make at least one copy of each completed form. File your forms with the Probate Business Office at the location listed on page 1. There is a filing fee due at the time you file your papers. (Refer to the sections 223Is there a fee to file a guardianship?224 and 223What if I don222t have enough money to pay the fees?224 below.) The clerk will keep the original forms and return the copies to you. Your copies will be file stamped and a hearing date will be scheduled. Serve a copy of the filed paperwork upon parents and relatives as required by law. (Refer to the section 223Serving Parents and Relatives224 on page 2.) Review the Instructions to Proposed Guardian of the Person Re: Guardianship Investigations (SDSC Form #PR-061A) and follow the procedures to schedule the investigation. Is there a fee to file a guardianship? Yes. There are court costs 226 the court filing fee and the investigation fee. The current fee amounts can be found on the court's Fee Schedule (SDSC Form #ADM-001), available on the court222s website, www.sdcourt.ca.gov , or you can ask staff in the Probate Business Office. What if I don222t have enough money to pay the fees? If you cannot afford the filing fee, you can request a fee waiver from the court. The fee waiver forms are available in the Probate Business Office or online at www.sdcourt.ca.gov and www.courtinfo.ca.gov . You will need the following forms: Information Sheet on Waiver of Superior Court Fees and Costs (JC Form #FW-001-INFO) Request to Waive Court Fees (Ward or Conservatee) (JC Form #FW-001-GC) Order on Court Fee Waiver (Superior Court) (Ward or Conservatee) (JC Form #FW-003-GC) If the court approves your Request to Waive Court Fees, you won222t have to pay the filing fee or investigation fee. Serving parents and relatives The law requires that parents and certain relatives be served (given) a copy of the petition for guardianship and other court forms you filed with the court. This is sometimes referred to as 223giving notice.224 Someone else 226 NOT YOU 226 must serve the documents. There are rules for giving notice. You must follow them carefully, otherwise you have to start all over. There are two types of service: personal service and service by mail. Personal service 226 parents (or any person having legal custody of the child or serving as guardian of the estate) and the minor child(ren) of the action (over the age of 12) must be personally served. This means someone else 226 not you 226 personally hands them a copy of the Notice of Hearing227Guardianship or Conservatorship (JC Form #GC-020) and Petition for Appointment of Guardian of the Person (JC Form #GC-210(P)) at least 15 days before the hearing. Service by mail 226 Paternal and maternal grandparents, the child222s brothers and sisters (over the age of 12), including half-brothers and half-sisters (over the age of 12), and any person having the care of the proposed child of the guardianship (if other than the person having legal custody) and any spouse named in the petition may be served by mail. This means someone else 226 not you 226 mails them a copy of the Notice of Hearing227Guardianship or Conservatorship (JC Form #GC-020) and Petition for Appointment of Guardian of the Person (JC Form #GC-210(P)) at least 15 days before the court hearing. (Note: The child222s grandparents are the parents of the child222s mother and parents of the child222s father.) What if the parents and relatives agree I can be the guardian? American LegalNet, Inc. www.FormsWorkFlow.com SDSC PR-067 (Rev. 2/18) GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS Page 3 of 5 Informational Form (GUARDIANSHIP OF THE PERSON) If anyone who is required to receive notice of the guardianship petition (parents and relatives) agree you can be the guardian, he/she can sign the Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian, and Waiver of Notice form (JC Form #GC-211). You don222t have to give notice to anyone who signs the consent portion of that form. If a person tells you verbally he/she agrees you can be the guardian, but doesn222t sign a written consent, you still have to give that person notice. Refer to 223Serving Parents and Relatives224 for information about giving notice. What if I don222t know where the parents or relatives are? If you don222t know where the parents or relatives are, you must make a reasonable and diligent effort to locate them. Some suggestions to find them include: Asking all family members, friends, acquaintances, and employers; Searching the real and personal property indexes in the recorder222s and assessor222s offices for the county where the person last resided; Looking in the phone book; Calling telephone information; Searching on the Internet (e.g. social media). If you have done everything you can to locate the parents or relatives and you still can222t locate them, you can ask the court to allow you to proceed without giving notice to those persons. To do this, fill out Declaration of Diligent Search and Request to Dispense with Notice (SDSC Form #FLF-002), available in the Probate Business Office and online at www.sdcourt.ca.gov , and file it at least four days prior to your hearing. What happens after the forms are served? If the forms were served by personal delivery to the parents or relatives, the person serving the forms fills out a Proof of Personal Service of Notice of Hearing227Guardianship form (JC Form #GC-020(P)). If the forms were served by mail (not allowed for parents or minor(s) in the case), the person serving the forms fills out the Proof of Service by Mail on the back side of the Notice of Hearing form (JC Form #GC-020). After the forms have been properly filled out and signed, file the proof of service forms with the Probate Business Office at least four days prior to your hearing. What happens before the court hearing date? Before your court hearing date, a probate examiner will review the paperwork submitted by you and make notes for the probate judge. A copy of these notes are available online at www.sdcourt.ca.gov (click on the Probate tab, then Examiner Notes). If there are defe